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Terms and Conditions

Terms and conditions

  1. General
  2. Definitions
  3. Terms of Use
  4. Products
  5. Delivery and Charges
  6. Member Registration
  7. Your Account
  8. Placing Orders
  9. Price
  10. Payment

Welcome to the Pelican.com.my website ("Website" herein). By using the Website, including its related sites, services and tools, and any Linked Third Party Website, you agree to the following terms and conditions ("Terms and Conditions" herein) with Pelican Enterprises Sdn Bhd ("Pelican Enterprises" herein). These Terms and Conditions apply to your access and use of this Website. Please take note that the Terms and Conditions are governed by the laws of Malaysia.

Before you continue to use this Website, you must read these Terms and Conditions carefully. You are also strongly advised to access and read linked information at the Website. IF YOU DO NOT ACCEPTS THESE TERMS AND CONDITIONS, please discontinue your access to this Website and/or use of the services contained in this Website immediately.

Please take note that you must not use our Website, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Website, services or tools.

1. General

1.1 All Products (defined below) and Services (defined below) contained in the Website are subject to the applicable terms and conditions governing the Products and/or Services. Please check the applicable terms and conditions of sale associated with the Products and/or Services you may purchase.

1.2 These Terms and Conditions are meant to regulate your access to this Website and they are to be read together with the applicable terms and conditions governing any transaction(s), Products and/or Services provided on this Website. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transaction(s), Products and/or Services provided at this Website, the terms and conditions governing the relevant transaction(s), Products and/or Services as provided at this Website will prevail and apply to your access.

1.3 The information, material, functions and content provided in the pages of the Website may be changed from time to time with or without notice at Pelican Enterprises's absolute discretion. Your continued access or use of the Website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.

2. Definitions

In the Terms including the Disclaimers, Privacy Policy and the Personal Data Collection Statement:

"Business day" means a day other than Saturdays, Sundays or public holidays in Malaysia. In the states where businesses are closed days other than Saturdays, Sundays and/or public holidays, "Business Day" shall be construed and interpreted accordingly;

"Claims" means all claims, liability, damages, losses, costs and expenses, including legal fees;

"Complaints Management Service" means the service which shall serve as a contact point with the Users to handle any complaints and queries operated by Pelican Enterprises on behalf of the Merchants;

"Content" means the content on the Website or a Linked Third Party Website, as the case may be, including the information, text, icons, logos, illustrations, hypertext links, HTML codes, data, trade or service marks, software, music, sound, video clips, audio clips, photographs, designs, graphics, images, still pictures, series of moving pictures (whether animated or not), digital downloads, advertisements, products, goods, services or any compilation or combination of them and any other materials or services on or available from that website;

"Cookies" means small text files used to identify your computer and to store information about your use of the Website;

"Delivery Charges" means the charges imposed by Pelican Enterprises for carrying out the Delivery Services and which shall be borne by the User and as set out at the page after booking for the Product has been made;

"Delivery Services" means the delivery services provided by Pelican Enterprises in relation to any Product on offer at the Website;

"Help" means the part of the Website where Pelican Enterprises sets out explanations to frequently asked questions relating to the Website and its usage;

"Pelican Enterprises", "We", "we", "Us" and "us" means Pelican Enterprises Sdn Bhd, (Company No. 32783-A) having a registered address at No. 70, 72 & 74, Jalan PJS 11/7, Bandar Sunway, 46150 Petaling Jaya, Selangor, Malaysia.

"Pelican Product" means a Pelican Enterprises Sdn Bhd branded product offered for sale by Pelican Enterprises by means of the Website;

"Pelican Product Terms" means the terms and conditions which apply (in addition to the Terms) to the purchase of the relevant Pelican Product and which are set out in the relevant Product Section;

The expressions "for example", "including", "include", "other", "otherwise" and "such as" are to be construed without limitation;

"Linked Third Party Website" means any website linked to or accessible by means of the Website;

"Member" means a User who has registered as a member of the Website;

"Membership Account" means a Member's Website account maintained with Pelican Enterprises upon successful registration as a Member;

"Membership Terms" means the terms on which a User is registered as a member of the Website including these Terms;

"Order" means an order for a Pelican Product including the Delivery Services placed by means of the Website;

"Person" means a natural person, firm, partnership, company, corporation, association, organisation, government, state, foundation and/or trust;

"Personal Data" means the personal data (as defined in the Personal Data Protection Act) of a User held by Pelican Enterprises;

"Personal Data Collection Statement" means the privacy statement which appears on all occasions in which a User is asked to provide Personal Data.

"Personal Data Protection Act" means the Personal Data Protection Act (Act 709) of Malaysia;

"Personal Information" means the personal information that a User is required to submit upon registration as a Member and/or before placing an Order;

"Product" means any product which is set out on the Website including any Pelican Product;

"Product Information" means information on a Pelican Product set out on the Website;

"Privacy Policy" means the policies and procedures governing the use and retention of any Personal Information received by Pelican Enterprises.

"Related Persons" mean all and any representatives, employees, agents, sub-contractors and suppliers of Pelican Enterprises;

"Return and Refund Policy" means the return and refund policy which is set out on the Website and which a User is deemed to have read and accepted prior to placing an Order;

"Returned Product" means Product returned by a User to Pelican Enterprises, as the case may be, of such Product in accordance with the Return and Refund Policy;

"Services" means the services provided by Pelican Enterprises as set out on the Website;

"Service Information" means information relating to Services set out in the relevant section of the Website;

"Subscriber" means any person who has signed up to be a Member and has denoted his willingness to receive from time to time advertisements or notification on promotions or other electronic publication issued by Pelican Enterprises. "Subscription" shall be construed accordingly;

"Terms" means these Terms and Conditions which shall also include:

"User" and "you" means the person accessing or using the Website or placing an Order;

"Website" means the website operated and administered by Pelican Enterprises from the URL www.Pelican.com.my as may be modified, replaced or substituted from time to time;

"Website Information" means all information posted on the Website including Product Information and Service Information;

"Working day" means a day and office hours on which Pelican Enterprises Sdn Bhd is open for business in Malaysia.

3. Terms of Use

3.1. These terms, together with the other Terms, are the terms and conditions under which you are permitted to access and use the Website. Please read them carefully.

3.2. If you are not able to enter into legally binding contracts, are under the age of 18, or if you do not agree to the Terms, you must not access or use the Website or Services, register as a Member, sign up as a Subscriber and/or place any Order.

3.3. To register as a Member or Subscriber or to place an Order, you must be at least 18 years old or under supervision of parents.

3.4. While using the Website, you must not contravene any laws, third party rights, or the Terms.

3.5. Pelican Enterprises reserves the right to request you to provide your identity document including photocopies of your Malaysia identity card or passport, credit card, debit card or smart card used for payment of the Order, proof of address or any other relevant information or documents as may be specified by Pelican Enterprises for the purposes of ascertaining that you are the rightful owner of the credit card, debit card or smart card used in the transaction and/or to verify your age and legal capacity.

3.6. Pelican Enterprises is entitled to revise the Terms at any time and from time to time by modifying or replacing the Website. You should therefore visit the Terms periodically to ensure you are aware of any modifications or replacements. You are responsible for doing so.

3.7. If you do not agree to the Terms as they apply to your access and use of the Website from time to time you should stop accessing and using the Website, placing Orders and being a Subscriber.

3.8. You agree to indemnify Pelican Enterprises and all Related Persons from and against all Claims arising out of any breach by you of the Terms or your access to and/or use of the Website including all Orders you place.

4. Products

4.1. You are strongly encouraged to review the Product Information before proceeding with any transaction. Pelican Enterprises and its Related Persons make no and/or disclaim all representations and warranties, express or implied, (if any), with respect to availability, merchantability, fitness for a particular purpose of the Products.

4.2. You must report any faulty or discrepancy together with your order number within 7 days from the date of receipt. The goods must be in an "as new" condition and returned in the original, undamaged packaging along with the accessories and free gifts received with it. The customer bears all responsibility in returning the goods, including postage fee.

4.3. Pelican Enterprises and its Related Persons shall not be responsible and shall in no event be liable for any damage whatsoever, including, without limitation, costs of procurement of substitute goods or services, loss of profits, loss of data or any direct, indirect, special, punitive, incidental, exemplary or consequential damages relating to the unavailability, use, inability to use, performance or non-performance of the Products that are mentioned, introduced, or sold on or over the Website.

5. Delivery and Charges

5.1. The User acknowledges that Pelican Enterprises and its Related Persons shall not be held liable to the User and/or the nominated recipient of the Products for any non-delivery, delay in delivery, loss of or damage to the Products due to the breach by Pelican Enterprises of any of its obligations in the provision of these delivery services other than under the prevailing standard terms and conditions of service issued from time to time by courier services.

5.2. The Delivery Services provided by Pelican Enterprises may be modified, replaced or substituted by Pelican Enterprises from time to time.

5.3. The User will pay the Delivery Charges when an Order is placed through the Website.

5.4. The Delivery Charges imposed is not a fixed amount but will vary and depend on the weight and delivery destination.

5.5. Any charges incurred by rerouting of parcel will be borne by the recipient.

5.6 Please provide complete and accurate delivery address. Kindly ensure a representative or yourself is available to acknowledge receipt of parcel at all times. Incorrectly entered addresses may delay your order. Do not enter specific dispatch instructions in any of the address fields. Any charges incurred by rerouting of parcel will be borne by the recipient. Please peruse your order carefully before you proceed to make payment.

6. Member Registration

6.1. When you access the Website you will be asked if you wish to register as a Member with us. In registering as a Member you represent and undertake:

6.2. Upon registration as a member, you will be invited to become a Subscriber. By becoming a Subscriber, you agree to receive advertisements and/or notification on promotions from Pelican Enterprises.

7. Your Account

7.1. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pelican Enterprises reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

7.2. You are solely responsible for maintaining the confidentiality of your login criteria and password to any other person. You are responsible for the use of your account, whether or not authorized by you.

7.3. You shall immediately notify Pelican Enterprises if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account.

7.4. Pelican Enterprises shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your login name and password.

7.5. You shall provide and maintain true, accurate, current and complete information about yourself when registering for your account.

8. Placing Orders

8.1. If you have already registered as a Member, we will use your Personal Information, together with the other information we collect prior to the Order, to process your Order. If you have not registered as a Member we will also need to collect your Personal Information prior to your placing an Order. With regard to this Personal Information you represent and undertake:

8.2. In any case, if you fail to provide any Personal Information that is true, accurate, complete and up-to-date (or we have reasonable grounds to suspect this is the case), we have the right to suspend or terminate your account and/or your Subscription and/or to refuse you any and all current or future access to and use of the Website (or any part thereof).

8.3 Items purchased after the payment is made cannot be cancelled or change.

9. Price

9.1. Prices for Products are set out in the relevant Product Section. However, Pelican Enterprises cannot confirm the price of a particular Product until the Order is placed. Whilst we make reasonable commercial efforts to ensure that price information is correct and up-to-date, if it is not up-to-date or there is any mistake in that regard for whatever reason, such that the correct price for such Product differs from the price shown on the Website, we shall:

9.2. If we cancel your Order, we will refund to you any amount paid to us as soon as possible without interest but this is the maximum extent of our liability to you in respect of that Order.

9.3. In any event we reserve the right to decline or cancel Orders, to decline to provide any Services, Products and/or Delivery Services or cancel any Membership Account in our absolute discretion at any time without giving any reason.

10. Payment

10.1. Payment for Orders may be made via:

10.2. Pelican Enterprises will only process an Order once payment has been received by Pelican Enterprises. Notwithstanding the same, Pelican Enterprises may process an Order if the relevant paying bank or financial institution or payment gateway of the User has approved for the payment under such Order.

10.3. If you use the Website to make payment, we will not be liable to you for or in respect of any loss or damage (including indirect and consequential loss and damage) suffered by you by reason of or in connection with any: